Franklin Armory Holdings Inc. v. In The Field Defense, LLC
- Susan Illston
- 3:22-cv-01543
- U.S. District Court · Northern District of California
- 2
In Franklin Armory v. In The Field Defense, Judge Illston ordered business shutdown steps and stayed the trademark case during Gallagher’s deployment.
Robert Gallagher and In the Field Defense, LLC were ordered to take down the website and stop all sales, advertising, and business involving “binary” triggers. The stay also affected the plaintiffs’ trademark-infringement litigation.
What happened
Franklin Armory Holdings Inc. v. In The Field Defense, LLC concerns allegations that the defendant infringed the plaintiffs’ trademarks by selling and advertising “binary” triggers through its website.
Robert Gallagher, the company’s sole member, requested a pause because he was being deployed to the Middle East and said he could not afford a lawyer. The court ordered the website taken down and all sales, advertising, and business involving “binary” triggers stopped, with a declaration confirming those steps. It then stayed the case until February 1, 2023, or Gallagher’s return from deployment, whichever came first, and set a case-management conference for February 10, 2023.
Judge Susan Illston issued the order. The court said the shutdown addressed the plaintiffs’ concern about continuing trademark infringement and that staying the case promoted fairness and efficient handling of the litigation.
The detailed version
- Franklin Armory Holdings Inc. v. In The Field Defense, LLC · No. 3:22-cv-01543
- Susan Illston
- Apr. 12, 2022
Background
The complaint alleges that In the Field Defense, LLC infringed the plaintiffs’ trademarks through the sale and advertising of “binary” triggers on its website. The opinion states that Robert Gallagher is the company’s sole member and that the complaint alleges he is the company’s alter ego, meaning the company is alleged to be legally indistinguishable from him for purposes relevant to the claims.
Gallagher told the court that he was being deployed to the Middle East on April 22, 2022, and requested a stay under the Servicemembers Civil Relief Act, a federal law that can pause court proceedings for qualifying servicemembers. He also said he could not afford to retain a lawyer. The opinion states that the company had no employees, that Gallagher was the only person involved in operating it, and that he ran the business from his residence.
Court’s Order
The court ordered Gallagher to immediately take down the company’s website and file a declaration confirming that the website had been taken down and that In the Field Defense, LLC had stopped all sales, advertising, and business involving “binary” triggers. On April 12, 2022, the court attempted to access the website and stated that it appeared to have been taken down.
The court then stated that, assuming the required declaration was filed, it would stay the action under its inherent authority to manage the cases on its docket. In deciding to stay the case, the court considered the possible harm from a stay, the hardship of requiring Gallagher to proceed while deployed, and whether a stay would simplify the litigation. The court found that shutting down the website and business addressed the plaintiffs’ concern about continuing trademark infringement, that the equities favored a stay, and that a stay served judicial efficiency.
Disposition and Schedule
The court stayed the action until February 1, 2023, or until Gallagher returned from deployment, whichever was sooner. It ordered Gallagher to inform the court and plaintiffs’ counsel of his return date as soon as possible. The court also set an initial case-management conference for February 10, 2023, at 3:00 p.m. The order did not decide whether trademark infringement occurred or resolve the merits of the plaintiffs’ claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.